Rules & Regulations of the State of Tennessee
Title 1350 - Tennessee Sports Wagering Advisory Council
Chapter 1350-01 - Sports Gaming License Standards
Section 1350-01-.01 - PURPOSE, AUTHORITY, AND APPLICABILITY
Current through April 3, 2024
(1) This Chapter 1350-01 and Rules within this control number as promulgated by the Sports Wagering Council establish the Rules and standards that apply to the licensing requirements and conditions for sports gaming in Tennessee. This Chapter and Rules following are hereby declared necessary to uphold and maintain the integrity of sports wagering in Tennessee and to protect the public interest. The purpose of these Rules is to implement the Tennessee Sports Gaming Act, originating under 2019 Public Acts, chapter 507, codified at T.C.A. §§ 4-51-301, et seq., and as amended. 2021 Public Acts, chapter 593 amended the act and transferred its provisions to Tennessee Code Annotated, title 4, chapter 49. (the "Sports Gaming Act"). The Sports Gaming Act contains express provisions authorizing the promulgation of these Rules, as cited herein. Pursuant to 2021 Public Acts, chapter 593, the licensing, regulation, rulemaking power, and enforcement of the Sports Gaming Act shifts from the Board of the Tennessee Education Lottery Corporation (TEL) to the Tennessee Sports Wagering Council as of January 1, 2022, with these Rules. These Rules are intended to transition the regulation of this program by replacing the existing Rules promulgated by the TEL Board without lapse by carrying forward or amending the standards found in the TEL Board's Chapter 15, Sports Gaming License Rules, Regulations and Standards. Under Section 32 of Public Chapter 593, TEL's Chapter 15 will remain in full force and effect as the relevant standards until the first effective date of these Rules, January 1, 2022, including any version promulgated by emergency rulemaking procedures. Capitalized terms appearing herein shall have the meaning set forth in Rule 1350-01-.02, or as defined by the Sports Gaming Act. Headings of any Rule are descriptive only, and the subject matter may be addressed by multiple Rules.
(2) All Licensees, Applicants, and Registrants shall become familiar with and adhere to these Rules. In the event of a conflict between the Sports Gaming Act, and these Rules, the Sports Gaming Act will govern.
(3) Confidentiality of Certain Records and Information Not to Be Reported Publicly. The Council exercises its authority under T.C.A. § 4-49-110 to designate by Rule the type of information deemed to be confidential financial or proprietary information that is not subject to any reporting requirements under the Sports Gaming Act to the public, and to continue to designate such information as obtained by TEL under its authority in similar fashion to the TEL. Such information may include any information relating to the application, licensure, compliance, and investigatory processes described within these Rules and provided to or obtained by the TEL or its Board, the Council or any employees of the Council, including, but not limited to the following:
Accordingly due to their character as trade secrets, private, personal, proprietary, technological, or protected financial information of individuals or business entities, criminal record or background information or the government's derivative investigatory or legal materials pertaining to said Applicants, Licensees or Registrants, the information described in this paragraph (3) is deemed confidential by these Rules. Such confidentiality is not waived if the information and data are shared or have been shared with an authorized agent of any agency of the United States government; any state or any political subdivision of a state; or the government of any foreign country in connection with its regulatory, investigative, or enforcement authority, regardless whether such information is shared or has been shared either before or after being provided or communicated to an agent or employee of the Council, the TEL or member of its Board. The enumeration of these categories is without prejudice to identification of additional protections under state or federal law for information and records, or to the Council's use of such information to fulfill its regulatory enforcement provisions in legal proceedings.
Notwithstanding the foregoing, the Council and TEL may disclose whether an Applicant has or had previously submitted an application for a License or Registration and any Applicant, Licensee, or Registrant waives any liability of the State of Tennessee, the TEL, its Board, or the Sports Wagering Council, or any representatives, agents, or employees thereof for any damages resulting from the disclosure or publication in any matter, except if made willfully and unlawfully.
Authority: T.C.A. §§ 4-49-106, 4-49-110, 4-49-112, 4-49-115, 4-51-102, 4-51-103, 4-51-104, 4-51-105, 4-51-109, 4-51-124, and 10-7-504; 2019 Tenn. Pub. Acts, Ch. 507; 2021 Tenn. Pub. Acts, Ch. 593; and 2023 Tenn. Pub. Acts, Ch. 450.